8Special witness

8 Special witness

(1)  [Section 8 Subsection (1) amended by No. 16 of 2006, s. 20, Applied:01 Nov 2006] A judge may make an order declaring that a person who is giving, or is to give, evidence in a proceeding is a special witness if satisfied that –

(a) by reason of intellectual, mental or physical disability, the person is, or is likely to be, unable to give evidence satisfactorily in the ordinary manner; or

(b) by reason of age, cultural background, relationship to any party to the proceeding, the nature of the subject matter of the evidence or any other factor the court considers relevant, the person is likely –

(i) to suffer severe emotional trauma; or

(ii) to be so intimidated or distressed as to be unable to give evidence or to give evidence satisfactorily.

(2)  [Section 8 Subsection (2) amended by No. 6 of 2017, s. 6, Applied:28 Apr 2017] An order made under subsection (1) may –

(a) be made on the application of a party to the proceeding or the prosecutor or on the motion of the judge; and

(b) include any one or more of the following orders:

(i) an order that the special witness have near him or her a person approved by the judge who may provide him or her with support;

(ii) an order that the evidence of the special witness be given by audio visual link;

(iia) [Section 8 Subsection (2) amended by No. 63 of 2013, s. 11, Applied:01 Mar 2014] [Section 8 Subsection (2) amended by No. 26 of 2020, s. 13, Applied:01 Mar 2021] an order admitting into evidence a prior statement of the special witness as if the special witness were an affected child or prescribed witness in respect of whom section 5 applies;

(iib) an order that a special hearing be held to take and record evidence as if the special witness were an affected person in respect of whom applies;